Communication and Negotiation

Question 1

Which forms of communication are you aware of?

Answer 1

1. Verbal either in person or via telephone.
2. Non-verbal such as body language, eye contact, gestures and appearance.
3. Written e.g. emails, letters, reports.
4. Graphical information e.g. charts, diagrams and tables.
5. Presentations.
6. Video conferencing.
7. Cost plans.

Question 2

What are the barriers to effective communication?

Answer 2

1. Verbal monotone delivery or unclear delivery of speech.
2. The over use of technical language that may not be understood by lay clients.
3. Emotionally charged and heated conversations when parties are unable to listen.
4. International language barriers.
5. Disinterest and boredom.
6. Prejudice.
7. Bias.
8. Interruptions and distractions.
9. Background noise pollution.
10. Poor call quality.
11. Poorly maintained and adversarial relationships.

Question 3

What makes a successful negotiation?

Answer 3

1. Preparation and collating supporting documentation.
2. Each party should get the chance to present their case in a calm forum.
3. Identification of bargaining positions and politely making proposals.
4. A swift confirmation in writing on what was agreed at the meeting and confirmation on what items still need to be agreed and by whom.
5. A confirmation of next steps to bring the negotiations to a close.

Question 4

What are the key steps when preparing for a negotiation?

Answer 4

1. Claim notification.
2. Internal research and preparation.
3. Organisation of the meeting.

Question 5

What happens during a negotiation meeting?

Answer 5

1. Both parties should be allowed to discuss their position on the claim items being discussed and their reasoning for their position.
2. All parties should look to maintain professionalism, remain calm, acting with respect and courtesy at all times.
3. The meeting should take place ideally in a calm setting.
4. Both parties should honour the agreements reached for the benefit of the project.
5. Once the negotiation items are agreed they should be put in writing as soon as possible.

Question 6

What does the term ‘without prejudice’ mean?

Question 7

What are examples of things that you have negotiated?

Question 8

What is meant by ‘most favoured position’, ‘recall point’ and ‘bargaining area’?

Question 9

What are examples of elements in a professional report?

Question 10

What are examples of key steps in preparing for a negotiation?

Question 11

What are examples of how you can ensure the best possible communication amongst a project team?

Question 12

Under the RICS guidance, does the Employers Agent need to administer the contract impartially, even in instances where the Employer may suffer?